Two fraudsters were sentenced in the Kimberley Specialised Commercial Crime Court on Friday, 2 February.

Photo: Unsplash

A company director and his company received a combined fine of R800 000 after fraudulent IRP5 certificates were submitted to the South African Revenue Services (SARS).

WO Nomthandazo Mnisi, spokesperson for the Directorate for Priority Crime Investigation (Hawks), said the 54-year-old company director, Marius Augustine Bocks, and his company Batsha Ba Tiro Financial Management (Pty) Ltd, as a juridical person, pleaded guilty before the Kimberley Specialised Commercial Crime Court on Friday, 2 February for the contravention of the Tax Administration Act.

Mnisi said during 2018 and 2019, the company trading as Batsha Ba Tirong Security Services, submitted fraudulent IRP5 certificates to SARS claiming company income tax returns.

False claims submitted
The company had no employees and was therefore dormant in the tax period 2018-’19 for which it falsely claimed corporate income tax.

SARS suffered a potential loss of R21 million.

An intensive investigation by the Hawks’ Serious Commercial Crime Investigation team led to the conviction and sentencing of the accused.

The accused were sentenced as follows: Batsha Ba Tiro Financial Management was fined R200 000 whilst Bocks was sentenced to pay a fine of R600 000 or to face five years direct imprisonment.

  • In another unrelated case a livestock fraudster was sentenced to five years direct imprisonment.

The 48-year-old Norman William Ellis was convicted and sentenced on Friday, 2 February 2024 for theft, fraud and corruption in the Kimberley Specialised Commercial Court, said Mnisi.

During June and July 2018, the complainant placed an order to buy livestock from Ellis who purported to be a farmer dealing with livestock.

Goods not delivered after payment
A total amount of R87 500 was deposited into the bank account of the accused. Ellis then failed to deliver livestock and it was later established that he was a conman.

In another separate but related matter, Ellis went to a dealership and made a deal to buy a bakkie while opting to trade his current vehicle as a deposit. During the vehicle finance deal process, he borrowed an amount of R118 000 from the complainant. The loan was never settled as agreed and the complainant suffered an actual prejudice.

Ellis was found guilty and sentenced to five years direct imprisonment on both cases respectively, without any option of fine.

Both sentences will run concurrently, said Mnisi.

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